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2025 Supreme(Online)(KAR) 5042

HIGH COURT OF KARNATAKA
SMT. JUSTICE LALITHA KANNEGANTI, J
MARIANIST TRUST – Appellant
Versus
SRI THIMMA REDDY – Respondent


Petitioner Advocates:ANANTHARAM G R ,Respondent Advocate: CHENNARAYA REDDY S FOR C/R4

ORAL ORDER

Aggrieved by the orders passed in I.A.No.20 dated 23.09.2017 in O.S.No.276/2006 by the Senior Civil Judge, Anekal, whereby the Court had dismissed the application filed by defendant No.2 seeking a direction to consider the Court Fees before proceeding with the case.

2. The plaintiff had filed the suit for declaration and injunction. According to the plaintiff, the suit schedule property is an agricultural property and he had paid the Court Fees under section 24(d) of the Karnataka Court Fess and Suits Valuation Act, 1958. It is the case of the defendants that even before filing of the suit, the land was converted from agricultural to non-agricultural and the Court Fees has to be paid considering it as a non-agricultural property. The Court had dismissed the application. While dismissing the application by way of the impugned order, the Court observed that it is not the case of the plaintiff that he has converted the suit schedule property into non-agricultural purpose. It is the contention of defendant No.2 that after he purchased land he got converted the suit schedule property into non-agricultural purpose. Hence, for the act done by defendant No.1, the plaintiff shall n

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